"Appeals Dismissed Due to Tax Effect Under Rs. 1 Crore: Appeals Fall Under CBDT's Circular No. 3/2018. Income Tax Department Given Right to Seek Review If Tax Effect Exceeds Rs. 1 Crore. All Pending Applications Resolved"

"Appeals Dismissed Due to Tax Effect Under Rs. 1 Crore: Appeals Fall Under CBDT's Circular No. 3/2018. Income…

The court has considered a set of appeals, all of which are related to a tax effect less than Rs. 1 Crore and therefore fall under the purview of Circular No. 3/2018 dated 11.07.2018 issued by the Central Board of Direct Taxes (CBDT). Given these circumstances, the court has chosen to dismiss these appeals. However, it has allowed an opening for the Income-Tax Department, permitting it to request a review if it can be demonstrated that the tax effect in any of these cases exceeds Rs. 1 Crore. Furthermore, any pending applications linked to these cases are considered resolved. The Supreme Court has reviewed a set of special leave petitions concerning a tax effect less than Rs. 1 Crore. These cases are guided by the Central Board of Direct Taxes (CBDT) Circular No. 3/2018 dated 11.07.2018. In line with these provisions, the court has chosen to dismiss the petitions. Despite this, the Income-Tax Department retains the option to request a review if the tax effect in any of these cases is found to exceed Rs. 1 Crore. Alongside this decision, the court has also cleared any pending applications related to these cases. The issue in these special leave petitions revolved around the correctness of the High Court's interpretation of Section 254(2A) (of Income Tax Act, 1961), which forbids the extension of stay on tax demand beyond 365 days. However, it has been brought to the court's attention by the respondents-assessees' counsel that the Tribunal has already decided on the main appeal. Therefore, the issue raised in these special leave petitions has become infructuous or moot. As such, these special leave petitions are disposed of, since they have become irrelevant. Furthermore, any applications that were pending in relation to this case are now considered resolved.

The Supreme Court has addressed a series of appeals relating to a tax effect less than Rs.1 Crore. These appeals come under the ambit of Circular No. 3/2018, dated 11.07.2018, issued by the Central Board of Direct Taxes (CBDT). As a result, the court has dismissed these appeals. However, an opportunity has been provided to the Income-Tax Department to request a review if it is established that the tax effect in any of these appeals is above Rs.1 Crore. Concurrently, the court has ensured all applications related to these appeals, if any existed, are now resolved, ensuring a conclusion to this matter.

These special leave petitions revolve around the validity of the High Court's interpretation of Section 254(2A) (of Income Tax Act, 1961), which restricts the extension of stay on tax demand beyond a period of 365 days. However, according to the counsel for the respondents-assessees, the Tribunal has in the meantime ruled on the main appeal itself, thereby rendering the issue raised in these cases moot or infructuous. As a result, the special leave petitions have been disposed of as they have now become infructuous. Any pending applications linked to these cases, if any, have also been duly disposed of. The scenario underscores the judiciary's commitment to maintaining efficiency and avoiding redundancy in the legal process.

In these appeals, the tax effect is less than Rs. 1 Crore and are covered by Circular No. 3/2018 dated 11.07.2018 of the Central Board of Direct Taxes.

These appeals are, accordingly, dismissed.

However, it shall be open to the Income-Tax Department

to seek review in any of these matters, if it is pointed

out that the tax effect is more than Rs. 1 Crore.

Pending applications, if any, stand disposed of.

(A.K. SIKRI)

(ASHOK BHUSHAN)

NEW DELHI

OCTOBER 04, 2018

S.L.P (C) No. 28784 of 2017, S.L.P. (C) No.26472 of 2015,

S.L.P. (C) No.28568 of 2015, S.L.P. (C) No.13119 of 2018 and

S.L.P. (C) No.13118 of 2018:

In these special leave petitions, the tax effect is less than

Rs. 1 Crore and are covered by Circular No. 3/2018 dated 11.07.2018

of the Central Board of Direct Taxes.

These Special Leave Petitions are, accordingly, dismissed.

However, it shall be open to the Income-Tax Department to seek

review in any of these matters, if it is pointed out that the tax

effect is more than Rs. 1 Crore.

Pending applications, if any, stand disposed of.

Civil Appeal No. 7526 of 2011, Civil Appeal No.7527 of 2011, Civil

Appeal No.7528 of 2011, Civil Appeal No.4181 of 2012, Civil

Appeal No.3797 of 2014, Civil Appeal No.11303 of 2013, Civil

Appeal No.8042 of 2016, Civil Appeal No.8038 of 2016, Civil Appeal

No.8039 of 2016, Civil Appeal No.8503 of 2012, Civil Appeal

No.8041 of 2016, Civil Appeal No.11118 of 2014, Civil Appeal

No.6403 of 2015, Civil Appeal No.10237 of 2014, Civil Appeal

No.8531 of 2014, Civil Appeal No.6111 of 2015, Civil Appeal

No.6716 of 2015, Civil Appeal No.12279 of 2016 and Civil Appeal

No.11288 of 2016:

These civil appeals are dismissed in terms of the signed

order.

Pending applications, if any, stand disposed of.

Civil Appeal No.14272 of 2015:

List on Friday, the 12th October, 2018.

Civil Appeal No.2931 of 2013:

List the matter in due course.

S.L.P. (C) No.796 of 2016, S.L.P. (C) No.2486 of 2018 and

S.L.P. (C) No.4191 of 2018:

The issue involved in these Special Leave Petitions is whether the High Court is correct in reading down Section 254(2A) (of Income Tax Act, 1961) which prohibits extension of stay of tax demand beyond the period of 365 days. We are informed by learned counsel for the respondents-assessees that in the meantime the Tribunal has decided the main appeal itself and, therefore, the issue involved in these cases has become infructuous.

The Special Leave Petitions are, accordingly, disposed of as having become infructuous.

Pending applications, if any, stand disposed of.

(DEEPAK SINGH) (SUSHIL KUMAR RAKHEJA) (RAJINDER KAUR)

COURT MASTER AR-CUM-PS BRANCH OFFICER

(Signed order is placed on the file.)

LEGAL REFERENCES

CONCEPTS

Supreme Court Delhi High Court

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The Supreme Court has reviewed a set of special leave petitions concerning a tax effect less than Rs. 1 Crore. These cases are guided by the Central Board of Direct Taxes (CBDT) Circular No. 3/2018 dated 11.07.2018. In line with these provisions, the court has chosen to dismiss the petitions. Despite this, the Income-Tax Department retains the option to request a review if the tax effect in any of these cases is found to exceed Rs. 1 Crore. Alongside this decision, the court has also cleared any pending applications related to these cases.

The issue in these special leave petitions revolved around the correctness of the High Court's interpretation of Section 254(2A) (of Income Tax Act, 1961), which forbids the extension of stay on tax demand beyond 365 days. However, it has been brought to the court's attention by the respondents-assessees' counsel that the Tribunal has already decided on the main appeal. Therefore, the issue raised in these special leave petitions has become infructuous or moot. As such, these special leave petitions are disposed of, since they have become irrelevant. Furthermore, any applications that were pending in relation to this case are now considered resolved.

<img src="https://thakurani.sgp1.digitaloceanspaces.com/media/editor_images/bde43438-2e05-4f09-9889-1d571cebb899.jpg"/> The Supreme Court has addressed a series of appeals relating to a tax effect less than Rs.1 Crore. These appeals come under the ambit of Circular No. 3/2018, dated 11.07.2018, issued by the Central Board of Direct Taxes (CBDT). As a result, the court has dismissed these appeals. However, an opportunity has been provided to the Income-Tax Department to request a review if it is established that the tax effect in any of these appeals is above Rs.1 Crore. Concurrently, the court has ensured all applications related to these appeals, if any existed, are now resolved, ensuring a conclusion to this matter. These special leave petitions revolve around the validity of the High Court's interpretation of Section 254(2A) (of Income Tax Act, 1961), which restricts the extension of stay on tax demand beyond a period of 365 days. However, according to the counsel for the respondents-assessees, the Tribunal has in the meantime ruled on the main appeal itself, thereby rendering the issue raised in these cases moot or infructuous. As a result, the special leave petitions have been disposed of as they have now become infructuous. Any pending applications linked to these cases, if any, have also been duly disposed of. The scenario underscores the judiciary's commitment to maintaining efficiency and avoiding redundancy in the legal process. <img src="https://thakurani.sgp1.digitaloceanspaces.com/media/editor_images/bc6860de-3d0e-4e58-9aac-8585df89f2f9.jpeg"/> In these appeals, the tax effect is less than Rs. 1 Crore and are covered by Circular No. 3/2018 dated 11.07.2018 of the Central Board of Direct Taxes.These appeals are, accordingly, dismissed. However, it shall be open to the Income-Tax Departmentto seek review in any of these matters, if it is pointedout that the tax effect is more than Rs. 1 Crore. Pending applications, if any, stand disposed of. (A.K. SIKRI) (ASHOK BHUSHAN) NEW DELHI OCTOBER 04, 2018 S.L.P (C) No. 28784 of 2017, S.L.P. (C) No.26472 of 2015,S.L.P. (C) No.28568 of 2015, S.L.P. (C) No.13119 of 2018 andS.L.P. (C) No.13118 of 2018: In these special leave petitions, the tax effect is less thanRs. 1 Crore and are covered by Circular No. 3/2018 dated 11.07.2018of the Central Board of Direct Taxes. These Special Leave Petitions are, accordingly, dismissed.However, it shall be open to the Income-Tax Department to seekreview in any of these matters, if it is pointed out that the taxeffect is more than Rs. 1 Crore. Pending applications, if any, stand disposed of. Civil Appeal No. 7526 of 2011, Civil Appeal No.7527 of 2011, CivilAppeal No.7528 of 2011, Civil Appeal No.4181 of 2012, CivilAppeal No.3797 of 2014, Civil Appeal No.11303 of 2013, CivilAppeal No.8042 of 2016, Civil Appeal No.8038 of 2016, Civil AppealNo.8039 of 2016, Civil Appeal No.8503 of 2012, Civil AppealNo.8041 of 2016, Civil Appeal No.11118 of 2014, Civil AppealNo.6403 of 2015, Civil Appeal No.10237 of 2014, Civil AppealNo.8531 of 2014, Civil Appeal No.6111 of 2015, Civil AppealNo.6716 of 2015, Civil Appeal No.12279 of 2016 and Civil AppealNo.11288 of 2016: These civil appeals are dismissed in terms of the signedorder. Pending applications, if any, stand disposed of. Civil Appeal No.14272 of 2015:List on Friday, the 12th October, 2018.Civil Appeal No.2931 of 2013: List the matter in due course. S.L.P. (C) No.796 of 2016, S.L.P. (C) No.2486 of 2018 andS.L.P. (C) No.4191 of 2018: The issue involved in these Special Leave Petitions is whether the High Court is correct in reading down Section 254(2A) (of Income Tax Act, 1961) which prohibits extension of stay of tax demand beyond the period of 365 days. We are informed by learned counsel for the respondents-assessees that in the meantime the Tribunal has decided the main appeal itself and, therefore, the issue involved in these cases has become infructuous. The Special Leave Petitions are, accordingly, disposed of as having become infructuous. Pending applications, if any, stand disposed of. (DEEPAK SINGH) (SUSHIL KUMAR RAKHEJA) (RAJINDER KAUR) COURT MASTER AR-CUM-PS BRANCH OFFICER (Signed order is placed on the file.)

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"Appeals Dismissed Due to Tax Effect Under Rs. 1 Crore: Appeals Fall Under CBDT's Circular No. 3/2018. Income Tax Department Given Right to Seek Review If Tax Effect Exceeds Rs. 1 Crore. All Pending Applications Resolved"